(Namita Pradhan, Intern Journalist) Maharastra; A request was filed before the Bombay High Court seeking disclosure of names of the Covid-19 patients during contract tracing and save the people from getting affected. Technically it would be addressing the fundamental rights of a healthy life, which is against fundamental rights, the rights to privacy.
A division of bench of justices asked why the names of the Covid-19 patients are disclosed as it led to the privacy rights. The petition was filed by a law student, Vaishnavi Gholave, and a farmer from Solapur, Mahesh Gadekar. It seeks the disclosure of names of the patients to avail the contract tracing and save other people from being infected.
According to the petition, When the fundamental rights to life and right to health clashes with the right to privacy, then the courts decide which rights helps in public morality and interest.
The court didn’t agree to the implicit demand and questioned the petitioner as to why to reveal the names of the patient, as containment zones are already held by the authorities. The authorities stated that the containment zones were held at a particular place or building, if someone test positive, people gets aware, Isn’t this enough? Why is it needed to reveal the name of the patient? The court asked.
As the Central Government submitted the guidelines issued by the Indian Council of Medical Research (ICMR) the Covid-19 patients’ name should not be declared as to avoid their stigmatization except for those who have died.
The court has asked the Maharastra government to answer to the plea while adjourning the issue for two weeks.
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